Man who claimed to have HIV as he tried to bite police officer is given probation
A man who claimed to have HIV as he tried to bite a police officer in a Belfast hospital has been sentenced to 18 months probation.
Gerard Hanvey, 34, was also ordered to do 100 hours community service for the attack which involved kicking a second constable in the face and shouting that they “work for Hitler”.
A judge branded the outburst of violence following his arrest for a suspected drink-fuelled car crash as “outrageous”.
Hanvey, of Riverdale Park North in the city, admitted two assaults on police, criminal damage to a PSNI hearing device, careless driving and failing to provide a specimen of blood. Belfast Magistrates’ Court heard he was detained following a single vehicle road traffic collision in the early hours of June 1 this year.
Police located him in the driver’s seat of a Kia Niro SUV on the Belfast Road in Ballynahinch.
Following a preliminary breath sample he was arrested on suspicion of driving with excess alcohol and taken to the Royal Victoria Hospital.
On the wards officers had to use reasonable force to control Hanvey after he ignored requests to stop shouting and made attempts to leave.
“The defendant continued to be disorderly, shouting profanities such as ‘You all work for Hitler’,” Crown counsel said. “He then kicked out at an officer’s face using his right leg, causing swelling to the officer’s lip and nose.”
At one point Hanvey ripped off and broke the first victim’s earpiece.
“He continued shouting that he had HIV and attempted to bite (another constable) on the forearm,” the prosecutor added. “His teeth touched against the constable’s forearm, however he was able to pull away before the defendant actually bit down.”
Hanvey refused requests to provide a specimen of blood in the hospital.
During interviews he claimed to have no memory when the events were put to him, telling police “that’s what I’m told”.
Defence barrister Kelly Doherty accepted it was a “disgraceful episode” triggered by Hanvey’s drug and alcohol issues. “He is remorseful and fully acknowledges his behaviour impacted on others, it seems to have been an aberration for this man,” she said.
Imposing a combination order of 18 months probation and 100 hours community service, District Judge Steven Keown declared: “It is outrageous.”
Hanvey was also disqualified from driving for 20 months and ordered to pay a total of £400 compensation to the two police officers.
Warning that any breach will lead to imprisonment, Judge Keown told him: “If I have to re-sentence you I will only have one sentence in mind.